The final thematic report of Anand Grover, the now former UN Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, is now available.
The report is about the theoretical challenges, framework limitations and sheer misconceptions that have restricted the use of the right to health framework and thus the realization of the right to health. The report is broadly divided into two parts: an examination of the status of the development of the right as demonstrated by domestic and regional cases and the major accountability gaps that exist in the right to health framework vis-à-vis transnational corporations and international investment agreements.
The first half uses cases to demonstrate the justiciability of the right and how courts have developed jurisprudence to clarify the otherwise vague progressively realizable obligations. A section on enforcement provides practical advice on how judgments can be developed and implemented in a way to increase their enforcement.
The second half focuses on the impacts transnational corporations have on the realization of the right to health and how the legal regimes of international investment agreements exclude or take priority over right to health obligations. The report provides recommendations on how to improve accountability of transnational corporations and suggestions on how to provide victims with access to remedy.